53 Pa.C.S. Ch. 25

in effect

53 Pa.C.S. § 2501 Short title and scope of chapter.

(a) Short title of chapter.--This chapter shall be known and may be cited as the Environmental Improvement Compact Act. (b) Scope of chapter.--This chapter applies to all municipalities.

53 Pa.C.S. § 2502 Definitions.

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Board." The Environmental Improvement Compact Board elected under this chapter. "Election officials." The county boards of election, except in Philadelphia where the term means the city commissioners. "Electors." The registered voters of any municipality involved in proceedings relating to the environmental improvement compact. "Environmental improvement compact." A structure of government and powers concerning one or more municipal functions involving two or more municipalities in this Commonwealth under procedures provided in this chapter.

53 Pa.C.S. § 2511 Proposal by electors.

A referendum on the question of the creation of an environmental improvement compact may be initiated by electors of two or more municipalities as provided in this chapter.

53 Pa.C.S. § 2512 Initiative petition.

(a) Filing.--A petition containing a proposal for referendum on the question of adopting an environmental improvement compact on one or more municipal functions, signed by electors comprising 2% of the number of electors voting for the office of Governor in the last gubernatorial general election in each municipality involved, may be filed with the election officials at least 90 days prior to the next primary held in an even-numbered year or general election. (b) Size of board.--The petition shall designate a five, seven or nine member board. (c) Designation of petitioners.--The name and address of the person filing the petition shall be clearly stated on the petition.

53 Pa.C.S. § 2513 Review of initiative petition.

The election officials shall, within ten days after filing, review the initiative petition as to the number and qualifications of signers. If the petition appears to be defective, the election officials shall immediately notify the person filing the petition of the defect.

53 Pa.C.S. § 2514 Petition as public record.

The initiative petition as submitted to the election officials along with the list of signatories shall be open to public inspection in the office of the election officials.

53 Pa.C.S. § 2515 Distribution of petition.

When the election officials find that the petition as submitted is in proper order, they shall send copies of the initiative petition without signatures thereon to the governing body of the municipalities involved and to the Department of Community and Economic Development. (May 5, 1998, P.L.301, No.50, eff. 60 days)

53 Pa.C.S. § 2521 Referendum ordinance.

The governing bodies of two or more municipalities may, by ordinance in each municipality, provide for a referendum on the question of adopting an environmental improvement compact. The ordinance shall designate a five, seven or nine member board.

53 Pa.C.S. § 2522 Filing of referendum ordinance.

(a) Election officials.--The referendum ordinance shall be filed with the election officials at least 90 days prior to the next primary or general election. (b) Department of Community and Economic Development.--When the ordinances are filed with the election officials, copies of the referendum ordinance shall be immediately filed with the Department of Community and Economic Development. (May 5, 1998, P.L.301, No.50, eff. 60 days) 1998 Amendment. Act 50 amended subsec. (b).

53 Pa.C.S. § 2523 Notice to governing bodies of referendum date.

The election officials shall notify the governing bodies of the municipalities involved of the date set for the referendum election on the proposal at least 30 days before the election.

53 Pa.C.S. § 2531 Referendum procedures.

(a) Authorization.--A referendum on the question of the adoption of an environmental improvement compact shall be held when initiated by electors of the municipalities in accordance with Subchapter B (relating to initiative) or after authorization by ordinance of the governing bodies of the municipalities in accordance with Subchapter C (relating to municipal referendum ordinance). (b) Procedure.--The procedure for the referendum shall be governed by the act of June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania Election Code.

53 Pa.C.S. § 2532 Placing question on ballot.

When the election officials find the ordinances authorized by the governing bodies of the municipalities or the initiative petition as submitted by the electors meets the requirements of this chapter, they shall place the proposal on the ballot in a manner fairly representing the content of the ordinances or of the initiative petition for decision by referendum at the proper election.

53 Pa.C.S. § 2533 Date of election.

The election officials shall certify the date for the referendum and shall so notify the governing bodies of the municipalities at least 30 days prior to that date.

53 Pa.C.S. § 2534 Public notice of referendum.

At least 30 days' notice of the referendum shall be given by proclamation of the mayors of the cities, boroughs or incorporated towns, by the chairmen of the boards of county commissioners, by the presidents of the boards of township commissioners or by the chairmen of the boards of township supervisors, as the case may be. A copy of the proclamation shall be posted at each polling place of the municipalities on the day of the election and shall be published once in at least one newspaper of general circulation in the municipalities during the 30-day period prior to the election.

53 Pa.C.S. § 2535 Approval.

Approval of a referendum for the adoption of an environmental improvement compact shall be by a majority vote of those voting in each municipality involved.

53 Pa.C.S. § 2536 Results of election.

The election officials shall certify the results of the referendum to the governing bodies and the Department of Community and Economic Development. (May 5, 1998, P.L.301, No.50, eff. 60 days)

53 Pa.C.S. § 2541 Election of board.

(a) Petition for election.--If a referendum for the adoption of an environmental improvement compact is approved by a majority of voters in each municipality involved, the governing bodies shall, within 30 days of the certification of the results of the referendum election, submit to the election officials a petition to provide for the election of the board. (b) Terms of office.--The majority of the members to be elected to the first board receiving the highest number of votes in the election shall serve for four-year terms, while the remainder shall serve for two-year terms. Thereafter, all candidates for the board shall have four-year terms. (c) Election.--Members of the board shall be elected at the next municipal election not less than 90 days from the date of the referendum.

53 Pa.C.S. § 2542 Nomination of candidates.

Candidates for membership on the board shall be electors of the municipalities involved. Each shall be nominated by nomination papers signed by a number of electors in their municipality or residence which is affected by the compact equal to at least 2% of the largest vote cast for any elected officer of the municipality elected at the last preceding municipal election. Nomination shall be in the manner provided by and subject to the provisions of the act of June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania Election Code, which relate to the nomination of candidates nominated by nomination papers filed by political bodies for other offices elected by the voters of the municipality. Nomination papers shall not be circulated prior to 30 days before the last day on which the papers may be filed and shall be filed with the election officials not less than 44 days prior to the date of the election.

53 Pa.C.S. § 2543 Election returns.

The result of the votes cast for members of the board at the municipal election shall be returned by the election officials to the governing bodies of municipalities involved and to the Department of Community and Economic Development. (May 5, 1998, P.L.301, No.50, eff. 60 days)

53 Pa.C.S. § 2551 Membership of board.

The board shall be composed of five, seven or nine members as provided in Subchapter E (relating to election of board).

53 Pa.C.S. § 2552 Compensation of board.

A majority of all the members of the governing bodies of the municipalities involved shall set the annual compensation for the members of the board.

53 Pa.C.S. § 2553 Organization of board.

On the first Monday of January following the municipal election, members of the board shall assemble at a designated meeting place and shall organize by electing one of their own members as chairman. This member shall preside at all meetings and perform other duties as the board may prescribe. In the absence of the chairman, the board shall elect a temporary presiding officer. The board shall adopt rules for its procedure and conduct of business. Any vacancy shall be filled by an elector from the municipalities involved appointed by the remaining members of the board.

53 Pa.C.S. § 2554 Secretary and treasurer of board.

(a) Secretary.--The board shall appoint a secretary who shall keep the records and minutes of the board proceedings, maintain a record of other official activities and perform other functions as required by law. (b) Treasurer.--The board shall appoint a treasurer. The treasurer shall collect or receive taxes, assessments and other funds due the board.

53 Pa.C.S. § 2555 Purposes and powers of board.

(a) Status and purposes.--Every board created under this chapter shall be a body corporate and politic and shall be for the purpose of acquiring, holding, constructing, improving, maintaining and operating, owning or leasing, either in the capacity of lessor or lessee, for any government function of two or more municipalities. (b) Powers and duties.--The board shall have and may exercise all powers necessary or convenient for the carrying out of the purposes under subsection (a), including the following powers and duties: (1) Sue and be sued. (2) Adopt, use and alter at will a seal of the board. (3) Acquire, purchase, hold, lease as lessee and use any franchise, property, real, personal or mixed, tangible or intangible, or any interest therein necessary or desirable for carrying out the purposes of the board, and sell, lease as lessor, transfer and dispose of any property or interest acquired by it. (4) Acquire by purchase, lease or otherwise and construct, improve, maintain, repair and operate projects. (5) Make bylaws for the management and regulation of its affairs. (6) Appoint officers, agents, employees and servants, prescribe their duties and fix their compensation. (7) Fix and collect taxes not to exceed two mills of real estate within the municipalities involved and charge and collect rates and other charges in the area served by its facilities, at reasonable and uniform rates to be determined by it, for the purpose of providing for the payment of the expenses of the board, the construction, improvement, repair, maintenance and operation of its facilities and properties and the payment of the principal and interest on its obligations and to fulfill the terms of any agreements made with the holders of any such obligations or with municipalities served or to be served by the board. Any person questioning the reasonableness or uniformity of any rate fixed by the board or the adequacy, safety and reasonableness of the board's services may bring suit against the board in the court of common pleas of the county where the project is located. If the project is located in more than one county, the suit may be brought in the court of common pleas of the county where the principal office of the project is located. (8) Borrow money and make and issue negotiable notes, bonds, refunding bonds and other evidences of indebtedness or obligations of the board. These instruments shall have a maturity date not longer than 30 years from the date of issue, except that no refunding bonds shall have a maturity date later than the life of the board. The board may secure the payment of the instruments or any part of them by pledge or deed of trust of all or any of its revenues and receipts and make agreements with the holders of these instruments, or with others in connection with these instruments, whether issued or to be issued, as the board deems advisable. The board shall provide for the security for these instruments and the rights of the holders of them, and in respect to any project constructed and operated under agreement with any board or any public authority of any adjoining state, and may borrow money and issue notes, bonds and other evidences of indebtedness and obligations jointly with any authority. (9) Make contracts and execute all instruments necessary or convenient for the carrying on of its powers and duties. (10) Without limitation of the foregoing, borrow money and accept grants from and enter into contracts, leases or other transactions with any Federal agency or Commonwealth municipality, school district, corporation or authority. (11) Have the power of eminent domain, with the consent of the county commissioners of the county where the land is located and with the consent of council in cities of the first class. (12) Pledge, hypothecate or otherwise encumber all or any of the revenues or receipts of the board as security for the obligations of the board. (13) Do all acts and things necessary or convenient for the promotion of its business and the general welfare of the board in order to carry out the powers granted to it by this chapter or any other statutes. (14) Enter into contracts of group insurance for the benefit of its employees and set up a retirement or pension fund for employees.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=53Fetched: 10/16/2026